CONTRACT: EP2011‐01 Page GC‐II: 1 of 23 PART II - GENERAL CONDITIONS
ARTICLE 1 – DEFINITIONS
Terms used or referred to herein and elsewhere in the contract documents are defined as follows:
(a) Contracting Local Organization (CLO): The organization or agency awarding the contract. CLO is
the Ellis-Prairie Soil & Water Conservation District (EPSWCD), Texas. Also referred to as the
“District” and “Owner”.
(b) Contracting Officer (CO): The person who is designated and authorized to enter into and administer
this contract on behalf of the Contracting Local Organization or his/her duly appointed successor or
alternate. No other person has authority to act for the Contracting Officer as stated in these General
Conditions or elsewhere in the contract documents unless such person has been delegated authority by
the Contracting Officer in writing.
(c) Engineer: The person or his/her representative who is responsible for determining that the
Contractor’s work conforms to the technical requirements as set forth in the drawings and
specifications. Also called Project Engineer or Contracting Officer’s Technical Representative
(COTR).
(d) Inspector: The person who performs daily inspection services for the CLO at the construction site
and maintains accurate daily records of the work accomplished and the factors affecting its progress
and quality. Also called NRCS Construction Inspector.
(e) State Grantor Agency: Texas State Soil and Water Conservation Board (TSSWCB).
(f) Government: United States Department of Agriculture/Natural Resources Conservation Service
(USDA/NRCS) .
(g) Service: Natural Resources Conservation Service (NRCS)
(h) Government’s Representative (GR): NRCS Engineer, COTR.
(i) Quality Assurance (QA): NRCS Construction Inspector (onsite).
(j) Quality Control (QC): Contractor’s Construction Inspector (onsite).
ARTICLE 2 – SPECIFICATIONS AND DRAWINGS
The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all
times give the Contracting Officer access thereto. Anything mentioned in the specifications and not
shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of
like effect as if shown or mentioned in both. In case of difference between drawings and specifications,
the specifications shall govern. In case of discrepancy either in the figures, in the drawings, or in the
specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly
make a determination in writing. Any adjustment by the Contractor without such a determination shall
be at his/her own risk and expense. The Contracting Officer shall furnish from time to time such detail
drawings and other information as considered necessary, unless otherwise provided.
ARTICLE 3 – CHANGES
(a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated
or indicated to be a change order, make any change in the work within the general scope of the
contract, including but not limited to changes:
(1) In the specifications (including drawings and designs);
CONTRACT: EP2011‐01 Page GC‐II: 2 of 23 (2) In the method or manner of performance of the work;
(3) In the Contracting Local Organization-furnished facilities, equipment, materials, services, or site;
or
(4) Directing acceleration in the performance of the work
(b) Any other written order or an oral order (which terms as used in this paragraph (b) shall include
direction, instruction, interpretation, or determination) from the Contracting Officer, which causes any
such change, shall be treated as a change order under this article, provided that the Contractor gives
the Contracting Officer written notice stating the date, circumstances, and source of the order and that
the Contractor regards the order as a change order.
(c) Except as herein provided, no order, statement, or conduct of the Contracting Officer shall be treated
as a change under this article or entitle the Contractor to an equitable adjustment hereunder.
(d) If any change under this article causes an increase or decrease in the Contractor’s cost of, or the time
required for, the performance of any part of the work under this contract, whether or not changed by
any order, an equitable adjustment shall be made and the contract modified in writing accordingly:
Provided, however, That except for claims based on defective specifications, no claim for any change
under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor gives
written notice as therein required: And provided further, That in the case of defective specifications
for which the Contracting Local Organization is responsible, the equitable adjustment shall include
any increased cost reasonably incurred by the Contractor in attempting to comply with such defective
specifications.
(e) If the Contractor intends to assert a claim for an equitable adjustment under this article, Contractor
must, within 30 days after receipt of a written change order under (a) above or the furnishing of a
written notice under (b) above, submit to the Contracting Officer a written statement setting forth the
general nature and monetary extent of such claim, unless this period is extended by the Contracting
Officer. The statement of claim hereunder may be included in the notice under (b) above.
(f) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after
final payment under this contract.
ARTICLE 4 – DIFFERING SITE CONDITIONS
(a) The Contractor shall promptly, and before such conditions are disturbed, notify the Contracting
Officer in writing of:
(1) Subsurface or latent physical conditions at the site differing materially from those indicated in this
contract, or
(2) Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inhering in work of the character provided for in
this contract. The Contracting Officer shall promptly investigate the conditions, and if he/she finds
that such conditions do materially so differ and cause an increase or decrease in the Contractor’s cost
of, or the time required for, performance of any part of the work under this contract, whether or not
changed as a result of such conditions, an equitable adjustment shall be made and the contract
modified in writing accordingly.
(b) No claim of the Contractor under this article shall be allowed unless the Contractor has given the
notice required in (a) above; provided, however, the time prescribed therefor may be extended by the
Contracting Officer.
(c) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after
final payment under this contract.
CONTRACT: EP2011‐01 Page GC‐II: 3 of 23 ARTICLE 5 – TERMINATION FOR DEFAULT, DAMAGES FOR DELAY, TIME
EXTENSIONS
(a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such
diligence as will insure its completion within the time specified in this contract, or any extension
thereof, or fails to complete said work within such time, the Contracting Local Organization may, by
written notice to the Contractor, terminate Contractor’s right to proceed with the work or such part of
the work as to which there has been delay. In such event the Contracting Local Organization may
take over the work and prosecute the same to completion, by contract or otherwise, and may take
possession of and utilize in completing the work such materials, appliances, and plant as may be on
the site of the work and necessary therefor. Whether or not the Contractor’s right to proceed with the
work is terminated, Contractor and his/her sureties shall be liable for any damage to the Contracting
Local Organization resulting from his/her refusal or failure to complete the work within the specified
time.
(b) [Reserved.]
(c) [Reserved.]
(d) The Contractor’s right to proceed shall not be so terminated nor the Contractor charged with resulting
damage if:
(1) The delay in the completion of the work arises from unforeseeable causes beyond the control
and without the fault or negligence of the Contractor, including but not restricted to, acts of God,
acts of the public enemy, acts of the Contracting Local Organization in its contractual capacity,
acts of another contractor in the performance of a contract with the Contracting Local
Organization, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable
causes beyond the control and without the fault or negligence of both the Contractor and such
subcontractors or suppliers; and
(2) The Contractor, within 10 days from the beginning of any such delay (unless the Contracting
Officer grants a further period of time before the date of final payment under the contract),
notifies the Contracting Officer in writing of the causes of delay.
The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time
for completing the work when, in his/her judgment, such an extension is justified.
(e) The rights and remedies of the Contracting Local Organization provided in this article are in addition
to any other rights and remedies provided by law or under this contract.
(f) As used in paragraph (d)(1) of this article, the term “subcontractors and suppliers” means
subcontractors and suppliers at any tier.
ARTICLE 6 – CLAIMS
Any claim by the Contractor arising by virtue of this contract which is not disposed of by agreement
shall be submitted in writing, together with any written and oral evidence in support thereof, to the
Contracting Officer for decision. Before making a decision the Contracting Officer shall notify the
Contractor that any additional written and/or oral evidence in support of the claim may be presented to
the Contracting Officer within 30 days from receipt by the Contractor of such notification, or within such
further period of time as may be granted by the Contracting Officer. The Contracting Officer shall make
a decision in writing and mail or otherwise furnish a signed copy thereof to the Contractor. Pending the
CONTRACT: EP2011‐01 Page GC‐II: 4 of 23 decision of the Contracting Officer the Contractor shall proceed diligently with the performance of this
contract. [See Also: PART III, Supplemental Conditions, Article 11 – Disputes/Alternative Dispute
Resolution]
ARTICLE 7 – PAYMENTS TO CONTRACTOR / INVOICING REQUIREMENTS
(a) The funding for the project which is the subject of this Contract is conditioned upon a grant from the
State Grantor Agency to the Contracting Local Organization. The State Grantor Agency will pay the
contract price as hereinafter provided.
(b) The State Grantor Agency will make regular progress payments as the work proceeds at intervals as
determined by the Contracting Officer and the State Grantor Agency, on estimates approved by the
Contracting Officer and the State Grantor Agency. If requested by the Contracting Officer, the
Contractor shall furnish a breakdown of the total contract price showing the amount included therein
for each principal category of the work, in such detail as requested, to provide a basis for determining
progress payments. In the preparation of estimates the Contracting Officer, at his discretion, may
authorize material delivered on the site and preparatory work done to be taken into consideration.
Material delivered to the Contractor at locations other than the site may also be taken into
consideration (1) if such consideration is specifically authorized by the contract [NOT authorized for
this contract], and (2) if the Contractor furnishes satisfactory evidence that he/she has acquired title to
such material and that it will be utilized on the work covered by this contract.
(c) In making such progress payments, there shall be retained 5 percent of the estimated amount until
final completion and acceptance of the contract work. However, if the Contracting Officer finds that
satisfactory progress was achieved for any period for which a progress payment is to be made, he and
the State Grantor Agency may authorize such payment to be made in full without retention of a
percentage. Also, whenever the work is substantially complete, the Contracting Officer shall retain an
amount he considers adequate for protection of the State Grantor Agency and the Contracting Local
Organization, at his discretion, may release to the Contractor all or a portion of any excess amount.
Furthermore, on completion and acceptance of each separate building, public work, or other division
of the contract, on which the price is stated separately in the contract, payment may be made therefor
without retention of a percentage. In accordance with Texas Government Code §2252.032, neither
the State Grantor Agency nor the Contracting Local Organization will be obligated to pay interest on
amounts retained in the manner provided herein.
(d) The Contracting Local Organization reserves the right to terminate the contract which is the subject
of this bid at any time for convenience, in whole or in part, by providing thirty (30) calendar days
advance written notice (delivered by certified mail, return receipt requested) of intent to terminate. In
the event of such a termination, the Contractor shall, unless otherwise mutually agreed upon in
writing, cease all work immediately upon the effective date of termination. The State Grantor Agency
shall be liable for payments limited only to the portion of work authorized by the Contracting Local
Organization in writing and completed prior to the effective date of cancellation, provided that the
State Grantor Agency shall not be liable for any work performed that is not acceptable to the
Contracting Local Organization and/or does not meet contract requirements. All work products
produced by the Contractor and paid for by the Ellis Prairie Soil and Water Conservation District shall
become the property of the Ellis Prairie Soil and Water Conservation District and shall be tendered
upon request. This provision shall not be construed as relieving the Contractor from the sole
responsibility for all material and work upon which payments have been made or the restoration of
any damaged work, or as waiving the right of the Contracting Local Organization to require the
CONTRACT: EP2011‐01 Page GC‐II: 5 of 23 fulfillment of all of the terms of the contract.
(e) “Properly Executed Invoice” Requirements
(1) The original and one copy of each invoice are to be delivered to the Contracting Officer at the
designated payment office.
(2) One copy of each invoice and complete documentation of computations and supporting data as
required by part iv below, Construction Specification 7 are to be submitted to the Engineer.
(3) The following must be attached to the original invoice submitted to the Contracting Officer and to
the copy submitted to the Engineer:
(i) A complete remittance address along with vendor’s tax identification number.
(ii) Billing period.
(iii) If requesting payment for materials delivered but not installed, Contractor will provide
evidence of title to the materials.
(iv) Itemization of payment requests by Contract Item Number (CIN) as shown in PART I,
Subpart C, Exhibit B—Bid Schedule, of the contract. Invoice will include the quantity performed
that is being invoiced, the unit price (if applicable) and the CIN total price, and a sum total of
amount of payment requested. Invoice will also include the cumulative quantities and amount by
CIN.
(f) Designated Payment Office Contact Point. The contact point described below coordinates the
issuance of payments under this contract:
Name: David Ridgway
Title: Contracting Officer
Address: 109 South Jackson, Suite 114, Waxahachie, TX 75165
Telephone: (972) 825-5112 Ext 5165 FAX: (972) 825-5044
(g) Final Payment Request
(1) The State Grantor Agency shall pay the amount due the Contractor under this contract after-(i) Completion and acceptance of all work;
(ii) Presentation of a properly executed invoice; and
(iii) Presentation of all releases indicated in (g)(2)(iii) and (g)(3) below.
(2) The FINAL invoice billing shall include the following information:
(i) All documentation called for in the contract documents,
(ii) Consent of the surety, if any, to final payment, and
(iii) Complete and legally effective releases or waivers (satisfactory to the Contracting Local
Organization and/or the State Grantor Agency) of all liens arising out of or filed in connection
with the work. In lieu of such releases or waivers of liens and as approved by the Contracting
Local Organization and/or the State Grantor Agency, Contractor may furnish receipts or releases
in full and an affidavit of Contractor that:
(A) The releases and receipts include all labor, services, material and equipment for which
a lien could be filed, and
(B) All payrolls, material and equipment bills and other indebtedness connected with the
work for which Contracting Local Organization or Contracting Local Organization’s
property might in any way be responsible have been paid or otherwise satisfied. If any
subcontractor or supplier fails to furnish such a release or receipt in full, Contractor may
CONTRACT: EP2011‐01 Page GC‐II: 6 of 23 furnish a bond or other collateral satisfactory to Contracting Local Organization to
indemnify Contracting Local Organization against any lien.
(3) The FINAL invoice shall also contain the following RELEASE OF CLAIMS statement:
“I, [Name of Contractor], do hereby release the Ellis-Prairie Soil & Water Conservation District,
Texas, from any and all claims of any character whatsoever arising under and by virtue of contract
number [Identify Contract] dated [Date] as amended, except as herein stated [LIST any Exceptions].
____________________
(Date of Release)
___________________________________
(Signature of Contractor)
(4) Releases may also be required of the assignee if the Contractor's claim to amounts payable under
this contract has been assigned under Article 25 of these General Conditions – Assignment, of this
contract.
(h) This contract is subject to regulations incorporated in Texas Government Code, Subtitle F, Chapter
2251 – Payment for Goods and Services, regarding payment due dates, late payment interest, and
claims and disputes. These regulations include, but are not limited to, payments made by Contracting
Local Organization, Contractor, and subcontractors for any work, goods, services, etc. provided under
this contract.
ARTICLE 8 – MATERIAL AND WORKMANSHIP
(a) Unless otherwise specifically provided in this contract, all equipment, material, and articles
incorporated in the work covered by this contract are to be new and of the most suitable grade for the
purpose intended. Unless otherwise specifically provided in this contract, reference to any equipment,
material, article, or patented process, by trade name, make, or catalog number, shall be regarded as
establishing a standard of quality and shall not be construed as limiting competition, and the
Contractor may, at his/her option, use any equipment, material, article, or process which in the
judgment of the Contracting Officer, is equal to that named. The Contractor shall furnish to the
Contracting Officer for his/her approval the name of the manufacturer, the model number, and other
identifying data and information respecting the performance, capacity, nature, and rating of the
machinery and mechanical and other equipment which the Contractor contemplates incorporating in
the work. When required by this contract or when called for by the Contracting Officer, the
Contractor shall furnish the Contracting Officer for approval full information concerning the material
or articles which Contractor contemplates incorporating in the work. When so directed, samples shall
be submitted for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery,
equipment, material, and articles installed or used without required approval shall be at the risk of
subsequent rejection.
(b) All work under this contract shall be performed in a skillful and workmanlike manner. The
Contracting Officer may, in writing, require the Contractor to remove from the work any employee
the Contracting Officer deems incompetent, careless, or otherwise objectionable.
ARTICLE 9 – INSPECTION, ACCEPTANCE AND LIQUIDATED DAMAGES.
(a) All work (which term includes but is not restricted to materials, workmanship, and manufacture and
fabrication of components) shall be subject to inspection and test by the Contracting Local
CONTRACT: EP2011‐01 Page GC‐II: 7 of 23 Organization at all reasonable times and at all places prior to acceptance. Any such inspection and
test is for the sole benefit of the Contracting Local Organization and shall not relieve the Contractor of
the responsibility of providing quality control measures to assure that the work strictly complies with
the contract requirements. No inspection or test by the Contracting Local Organization shall be
construed as constituting or implying acceptance. Inspection or test shall not relieve the Contractor of
responsibility for damage to or loss of the material prior to acceptance, nor in any way affect the
continuing rights of the Contracting Local Organization after acceptance of the completed work under
the terms of paragraph (f) of this article, except as herein above provided.
(b) The Contractor shall, without charge, replace any material or correct any workmanship found by the
Contracting Local Organization not to conform to the contract requirements, unless in the public
interest the Contracting Local Organization consents to accept such material or workmanship with an
appropriate adjustment in contract price. The Contractor shall promptly segregate and remove
rejected material from the premises.
(c) If the Contractor does not promptly replace rejected material or correct rejected workmanship, the
Contracting Local Organization (1) may, by contract or otherwise, replace such material or correct
such workmanship and charge the cost thereof to the Contractor, or (2) may terminate the
Contractor’s right to proceed in accordance with the article of this contract entitled
“Termination for Default - Damages for Delay – Time Extensions.”
(d) The Contractor shall furnish promptly, without additional charge, all facilities, labor, and material
reasonably needed for performing such safe and convenient inspection and test as may be required by
the Contracting Officer. All inspection and test by the Contracting Local Organization shall be
performed in such manner as not unnecessarily to delay the work. Special, full size, and performance
tests shall be performed as described in this contract. The Contracting Local Organization reserves
the right to charge to the Contractor any additional cost of inspection or test when material or
workmanship is not ready at the time specified by the Contractor for inspection or test or when
reinspection or retest is necessitated by prior rejection.
(e) Should it be considered necessary or advisable by the Contracting Local Organization at any time
before acceptance of the entire work to make an examination of work already completed, by removing
or tearing out same, the Contractor shall, on request, promptly furnish all necessary facilities, labor,
and material. If such work is found to be defective or nonconforming in any material respect, due to
the fault of the Contractor or his/her subcontractors, Contractor shall defray all the expenses of such
examination and of satisfactory reconstruction. If, however, such work is found to meet the
requirements of the contract, an equitable adjustment shall be made in the contract price to
compensate the Contractor for the additional services involved in such examination and
reconstruction and, if completion of the work has been delayed thereby, Contractor shall, in addition,
be granted a suitable extension of time.
(f) Unless otherwise provided in this contract, acceptance by the Contracting Local Organization shall be
made as promptly as practicable after completion and inspection of all work required by this contract,
or that portion of the work that the Contracting Officer determines can be accepted separately.
Acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross
mistakes as may amount to fraud, or as regards the Contracting Local Organization’s rights under any
warranty or guarantee.
(g) If the work is not completed within the time stipulated in the provided contract, the Contractor shall
pay to the Locality as fixed, agreed and liquidated damages the amount of $750.00 for each calendar
day of delay, until work is completed. The Contractor and his sureties shall be liable to the Locality
CONTRACT: EP2011‐01 Page GC‐II: 8 of 23 for the amount thereof.
(h) Any amount due to the Locality as a result of Liquidated Damages shall be deducted from the final
payment due to the contractor.
ARTICLE 10 – SUPERINTENDENCE BY CONTRACTOR
The Contractor, at all times during performance and until the work is completed and accepted, shall give
his/her personal superintendence to the work or have on the work a competent superintendent,
satisfactory to the Contracting Officer and with authority to act for the Contractor.
ARTICLE 11 – PERMITS AND RESPONSIBILITIES
The Contractor shall, without additional expense to the Contracting Local Organization, be responsible
for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State,
and municipal laws, codes, and regulations, in connection with the prosecution of the work. Contractor
shall be similarly responsible for all damages to persons or property that occur as a result of his fault or
negligence. He/she shall take proper safety and health precautions to protect the work, the workers, the
public, and the property of others. He/she shall also be responsible for all materials delivered and work
performed until completion and acceptance of the entire construction work, except for any completed
unit of construction thereof which theretofore may have been accepted.
ARTICLE 12 – CONDITIONS AFFECTING THE WORK
The Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature
and location of the work, and the general and local conditions which can affect the work or the cost
thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for
successfully performing the work without additional expense to the Contracting Local Organization. The
Contracting Local Organization assumes no responsibility for any understanding or representations
concerning conditions made by any of its officers or agents prior to the execution of this contract, unless
such understanding or representations by the Contracting Local Organization are expressly stated in the
contract.
ARTICLE 13 – OTHER CONTRACTS
The Contracting Local Organization may undertake or award other contracts for additional work, and the
Contractor shall fully cooperate with such other contractors and Contracting Local Organization
employees and carefully fit his/her own work to such additional work as may be directed by the
Contracting Officer. The Contractor shall not commit or permit any act which will interfere with the
performance of work by any other contractor or by Contracting Local Organization employees.
ARTICLE 14 – PATENT INDEMNITY
Except as otherwise provided, the Contractor agrees to indemnify the Contracting Local Organization
and its officers, agents and employees against liability, including costs and expenses, for infringement
upon any Letters Patent of the United States (except Letters Patent issued upon an application which is
now or may hereafter be, for reasons of national security, ordered by the Government to be kept secret or
otherwise withheld from issue) arising out of the performance of this contract or out of the use or
disposal by or for the account of the Contracting Local Organization of supplies furnished or work
performed hereunder.
CONTRACT: EP2011‐01 Page GC‐II: 9 of 23 ARTICLE 15 – ADDITIONAL BOND SECURITY
If any surety upon any bond furnished in connection with this contract becomes unacceptable to the
Contracting Local Organization, or if any such surety fails to furnish reports as to its financial condition
from time to time as requested by the Contracting Local Organization, or if the contract price is increased
to such an extent that the penal sum of any bond becomes inadequate in the opinion of the Contracting
Officer, the Contractor shall promptly furnish such additional security as may be required from time to
time to protect the interests of the Contracting Local Organization and of persons supplying labor or
materials in the prosecution of the work contemplated by this contract.
ARTICLE 16 – REAL PROPERTY RIGHTS
(a) Adequate real property rights needed in order to perform the work under this contract have been
acquired by or on behalf of the Contracting Local Organization. The right to enter, remove, or
otherwise make use of adjacent property, roads, utility lines, fences, and other improvements not
included within the real property rights provided shall be the sole responsibility of the Contractor.
(b) Where ingress and egress is not defined on the drawings, the Contracting Officer shall designate the
right-of-way to be used.
ARTICLE 17 – RECORDS OF TEST PITS AND BORINGS
The Contracting Local Organization does not represent that the available records show completely the
existing conditions and does not guarantee any interpretation of these records. The Contractor assumes
all responsibility for deductions and conclusions as to the nature of rock and other materials to be
excavated, the difficulties of making and maintaining the required excavations and of doing other work
affected by the geology of the site of the work, and for the final preparation of the foundations for the
embankments and other structures.
ARTICLE 18 – MATERIALS TO BE FURNISHED BY THE CONTRACTOR
(a) Unless otherwise specified in this contract, the Contractor shall furnish all materials required for the
completion of the contract.
(b) Unless otherwise waived in writing by the Contracting Officer, the Contractor shall furnish the
Contracting Local Organization with certifications dated and signed by the manufacturer and/or
supplier to the effect that the items listed therein meet the requirements of this contract. Such
certifications shall be furnished prior to the use of the material in any part of the construction and
shall identify the project on which the material is to be used.
ARTICLE 19 – WATER
Unless otherwise specified in this contract, the Contractor shall provide and maintain at his/her own
expense an adequate supply of water suitable for purposes of performing the work.
ARTICLE 20 – WORKWEEK—CONSTRUCTION SCHEDULE
(a) Unless furnished prior to contract award, the Contractor shall, prior to commencement of work,
submit to the Contracting Officer for approval: (1) a construction schedule showing the order in which
he/she proposes to carry on the work indicating the periods during which he/she will perform work on
each item listed in the bid schedule; and (2) the hours and days in which he/she proposes to carry on
the work.
CONTRACT: EP2011‐01 Page GC‐II: 10 of 23 (b) If, in the opinion of the Contracting Officer, the Contractor falls behind the approved construction
schedule, the Contractor shall take such steps as may be necessary to improve his/her process and the
Contracting Officer may require him/her to either increase the number of shifts, days or hours of
work, or the amount of construction plant, or all of them, and to submit for approval such revised
construction schedule as may be deemed necessary to show the manner in which the agreed rate of
progress will be regained, all without additional cost to the Contracting Local Organization. If the
Contractor fails to submit a revised construction schedule within the time specified by the Contracting
Officer, the Contracting Officer may withhold approval of progress payments and/or take such other
actions as provided in this contract until such time as the Contractor submits the required construction
schedule.
(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this article
shall be grounds for determination by the Contracting Officer that the Contractor is not prosecuting
the work with such diligence as will insure completion within the time specified. Upon such
determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work,
or any separable part thereof, in accordance with Article 5 of the General Conditions.
(d) The maximum workweek that will be approved is:
- Monday through Saturday, 10 hours per day
- Work is permitted during “daylight” hours only.
(e) All work under this contract except minor items of work of an emergency, protective, or
maintenance nature will be suspended for the periods listed below. These days are included in the
original contract performance time:
May 30, 2011
July 4, 2011
September 5, 2011 (if applicable)
ARTICLE 21 – SUBCONTRACTORS
(a) Work shall not be subcontracted in whole or in part without the prior written approval of the
Contracting Officer. The request shall be in writing with the name of the proposed subcontractor and
a description of the work to be done.
(b) If at any time the Contracting Officer determines that any subcontractor is incompetent or
undesirable, he/she shall notify the Contractor accordingly and the Contractor shall take immediate
steps for cancellation of the subcontract.
(c) Subcontracting by subcontractors shall be subject to the above requirements.
(d) Nothing contained in this contract shall create any contractual relationship between any subcontractor
and the Contracting Local Organization.
(e) Any subcontract awarded under this contract will not be awarded to any official of the County of
Ellis or Ellis-Prairie Soil and Water Conservation District (all in the State of Texas), or to any firm in
which any official or any member of such official’s immediate family of these entities has direct or
indirect interest in the pecuniary profits or contracts of such firms.
ARTICLE 22 – SURVEYS
See PART IV, Construction Specification 7 – Construction Surveys.
ARTICLE 23 – SUSPENSION OF WORK
(a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interrupt all or any
part of the work for such period of time as he/she may determine to be appropriate for the
CONTRACT: EP2011‐01 Page GC‐II: 11 of 23 convenience of the Contracting Local Organization.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended,
delayed, or interrupted by an act of the Contracting Officer in the administration of this contract, or by
his/her failure to act within the time specified in this contract (or if no time is specified, within a
reasonable time), an adjustment shall be made for any increase in the cost of performance of this
contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption
and the contract modified in writing accordingly. However, no adjustment shall be made under this
article for any suspension, delay, or interruption to the extent (1) that performance would have been
so suspended, delayed, or interrupted by any other cause including the fault or negligence of the
Contractor or (2) for which an equitable adjustment is provided for or excluded under any other
provision of this contract.
(c) No claim under this article shall be allowed (1) for any costs incurred more than 20 days before the
Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved
(but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless
the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of
such suspension, delay, or interruption, but not later than the date of final payment under the contract.
ARTICLE 24 – CLEANUP WORK
(a) During performance of the work the Contractor shall keep the work site, areas adjacent to the work
site and access roads in an orderly condition, free and clear from debris and discarded materials. Care
shall be taken to prevent spillage when hauling is being done. Any spillage or debris resulting from
the Contractor’s operations shall be immediately removed.
(b) Upon completion of the work the Contractor shall remove from the work site, areas adjacent to the
work site and access roads: all plant, buildings, debris, unused materials, concrete forms and other
like material belonging to Contractor or used under his/her direction during the construction.
Contractor shall grade all access roads, other than public, removing wheel tracks and smoothing up
such roads.
ARTICLE 25 – ASSIGNMENT
The Contractor shall not assign in whole or in part this contract without the prior written consent of the
Contracting Local Organization. The Contractor shall not assign any moneys due or to become due to
him/her under this contract without the prior written consent of the Contracting Local Organization.
ARTICLE 26 – WEATHER
(a) The Contracting Officer may order suspension of the work in whole or in part, commencing with the
day after receipt of the Notice to Proceed by the Contractor, due to weather or the effects of weather
at the site, for such time as he/she considers it unfavorable for satisfactory prosecution of the work.
(b) When the Contracting Officer orders suspension under (a) of this article, the contract completion date
shall be extended a full calendar day for each calendar day during suspension of the work if:
(1) All work is suspended except minor items as may be designated in this contract (work of an
emergency, protective or maintenance nature may be performed at any time); and
(2) The hours lost in any one workday of the authorized workweek through suspension equal one-half or
more of the hours of an authorized workday.
(c) If the Contracting Officer orders suspension of work as provided in (b) of this article and the hours
lost in the workday immediately preceding a nonworkday equal one-half or more of the hours in an
CONTRACT: EP2011‐01 Page GC‐II: 12 of 23 authorized workday, the contract completion date shall be extended a full calendar day for each
nonworkday during suspension of the work.
(d) When the Contracting Officer orders any suspension of the work under this article, the Contractor
shall not be entitled to any cost or damages resulting from such suspension.
(e) When the contract completion date is extended under this article, the contract shall be modified in
writing accordingly.
ARTICLE 27 – NONCOMPLIANCE WITH CONTRACT REQUIREMENTS
(a) The Contracting Officer may order suspension of the work in whole or in part for such time as he/she
deems necessary because of the failure of the Contractor to comply with any of the requirements of
this contract, and the contract completion date shall not be extended on account of any such
suspension of the work.
(b) When the Contracting Officer orders any suspension of the work under (a) of this article, the
Contractor shall not be entitled to any costs or damages resulting from such suspension.
(c) The rights and remedies of the Contracting Local Organization provided in this article are in addition
to any other rights and remedies provided by law or under this contract.
ARTICLE 28 – QUANTITY VARIATIONS
(a) Where the quantity of work shown for an item in the bid schedule, including any modification
thereof, is estimated, no adjustment of the contract price nor of the performance time shall be made
for overruns or underruns which are within 25 percent of the estimated quantity of any such item.
(b) For overruns of more than 25 percent, the Contracting Officer shall re-estimate the quantity for the
item, establish an equitable contract price for the overrun of more than 25 percent, adjust contract
performance time equitably, and modify the contract in writing accordingly; this article to thereafter
be applicable to the total re-estimated item quantity.
(c) For underruns of more than 25 percent, the Contracting Officer shall determine the quantity for the
item, establish an equitable contract price therefor, adjust contract performance time equitably, and
modify the contract in writing accordingly.
ARTICLE 29 – FEDERAL, STATE, AND LOCAL TAXES
(a) Except as otherwise provided, contract unit prices shall include all applicable Federal, State, and local
taxes.
(b) Texas State, County, and Municipal Sales and Use Tax.
(i) The Contracting Local Organization is an exempt entity per §151.309(5) of the Limited Sales,
Excise, and Use Tax Act (Texas Tax Code Chapter 151 – Limited Sales, Excise, and Use Tax) and
will issue the Contractor an affidavit as proof of this exemption. This contract is a “lump-sum
contract” as defined by Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter O – State
Sales and Use Tax, Rule §3.291 (Contractors).
(ii) When purchased by the Contractor for use in performance of this contract, certain tangible
personal property and taxable services are exempt from State Sales and Use Tax under Texas Tax
Code §151.311, and in most cases are also exempt from County and Municipal Sales and Use Tax.
Contractor is subject to tax responsibilities in Texas Administrative Code Rule §3.291, section (c),
and is responsible to issue a properly completed exemption certificate to a supplier in accordance with
section (c)(5).
(iii) Contractor is solely responsible to be adequately familiar with and comply with all requirements
CONTRACT: EP2011‐01 Page GC‐II: 13 of 23 of Texas Tax Code, Texas Administrative Codes, and any other State/local regulations when claiming
tax exemption for purchase of items for use in the performance of this contract.
(iv) “Contractor” as used in this paragraph (b) includes subcontractors as defined in Texas
Administrative Code Rule §3.291, section (a)(3).
ARTICLE 30 – SHOP DRAWINGS
(a) The term “shop drawings” includes drawings, diagrams, layouts, schematics, descriptive literature,
illustrations, schedules, performance and test data, and similar materials furnished by the Contractor
to explain in detail specific portions of the work required by the contract.
(b) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review
them for accuracy, completeness, and compliance with contract requirements and shall indicate
his/her approval thereon as evidence of such coordination and review. Shop drawings submitted to
the Contracting Officer without evidence of the Contractor’s approval may be returned for
resubmission. The Contracting Officer will indicate his/her approval or disapproval of the shop
drawings and if not approved as submitted shall indicate his/her reasons therefor. Any work done
prior to such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shall not
relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from
responsibility for complying with the requirements of this contract, except with respect to variations
described and approved in accordance with (c) below.
(c) If shop drawings show variations from the contract requirements, the Contractor shall describe such
variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer
approves any such variation(s), he/she shall issue an appropriate contract modification, except that, if
the variation is minor and does not involve a change in price or in time of performance, a modification
need not be issued.
ARTICLE 31 – TERMINATION FOR CONVENIENCE OF THE CONTRACTING LOCAL
ORGANIZATION
The Contracting Officer, by written notice, may terminate this contract in whole or in part, when it is in
the interest of the Contracting Local Organization. If this contract is so terminated, the Contractor shall
be compensated for all necessary and reasonable direct costs of performing the work actually
accomplished. In addition, the Contractor shall be paid 10 percent for overhead expenses based on said
direct costs, and 5 percent for profit based on the total of direct costs and overhead costs. From this will
be deducted any payments or reimbursements previously paid and salvage value of materials paid for by
the Contracting Local Organization but not used. Provided however, no profit shall be paid if the
Contractor would have incurred a loss had the entire contract been completed.
ARTICLE 32 – PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,
UTILITIES, AND IMPROVEMENTS
(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees,
shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not
unreasonably interfere with the work required under this contract. The Contractor shall only remove
trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in
place. If any limbs or branches of trees are broken during contract performance, or by the careless
operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a
clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.
(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the
CONTRACT: EP2011‐01 Page GC‐II: 14 of 23 work site, and (2) on adjacent property of a third party, the locations of which are made known to or
should be known by the Contractor. The Contractor shall repair any damage to those facilities,
including those that are the property of a third party, resulting from failure to comply with the
requirements of this contract or failure to exercise reasonable care in performing the work. If the
Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the
necessary work performed and charge the cost to the Contractor.
ARTICLE 33 – OPERATIONS AND STORAGE AREAS
(a) The Contractor shall confine all operations (including storage of materials) on Contracting Local
Organization premises to areas authorized or approved by the Contracting Officer. The Contractor
shall hold and save the Contracting Local Organization, its officers and agents, free and harmless
from liability of any nature occasioned by the Contractor's performance.
(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the
Contractor only with the approval of the Contracting Officer and shall be built with labor and
materials furnished by the Contractor without expense to the Contracting Local Organization. The
temporary buildings and utilities shall remain the property of the Contractor and shall be removed by
the Contractor at its expense upon completion of the work. With the written consent of the
Contracting Officer, the buildings and utilities may be abandoned and need not be removed.
(c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established
roadways, or use temporary roadways constructed by the Contractor when and as authorized by the
Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be
loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by
any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the
Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any
damaged curbs, sidewalks, or roads if contractor is found negligent by contracting officer.
ARTICLE 34 – USE AND POSSESSION PRIOR TO COMPLETION
(a) The Contracting Local Organization shall have the right to take possession of or use any completed or
partially completed part of the work. Before taking possession of or using any work, the Contracting
Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on
those portions of the work that the Contracting Local Organization intends to take possession of or
use. However, failure of the Contracting Officer to list any item of work shall not relieve the
Contractor of responsibility for complying with the terms of the contract. The Contracting Local
Organization's possession or use shall not be deemed an acceptance of any work under the contract.
(b) While the Contracting Local Organization has such possession or use, the Contractor shall be
relieved of the responsibility for the loss of or damage to the work resulting from the Contracting
Local Organization's possession or use, notwithstanding the terms of Article 11 (Permits and
Responsibilities) of these General Conditions. If prior possession or use by the Contracting Local
Organization delays the progress of the work or causes additional expense to the Contractor, an
equitable adjustment shall be made in the contract price or the time of completion, and the contract
shall be modified in writing accordingly.
ARTICLE 35 – LAYOUT OF WORK
See PART IV, Construction Specification 7 – Construction Surveys.
CONTRACT: EP2011‐01 Page GC‐II: 15 of 23 ARTICLE 36 – PRECONSTRUCTION CONFERENCE
Contracting Officer will conduct a preconstruction conference, the successful offeror will be notified and
will be required to attend. The Contracting Officer's notification will include specific details regarding
the date, time, and location of the conference, any need for attendance by subcontractors, and
information regarding the items to be discussed.
ARTICLE 37 – CONTRACTOR RECORDS
(a) Access to Records. Contractor shall provide access by Contracting Local Organization, State Grantor
Agency Ellis County Auditor’s Office, or any of their duly authorized representatives, to any books,
documents, papers, and records of the Contractor which are directly pertinent to the contract for the
purpose of making audit, examination, excerpts, and transcriptions.
(b) Retention of Records. Contractor shall retain all records requiring access per paragraph (a) above for
three (3) years after the Contracting Local Organization makes final payment under the contract and
all other pending matters between the Contracting Local Organization and the Contractor under the
contract are closed.
ARTICLE 38 – ARCHEOLOGICAL OR HISTORIC SITES
If a previously unidentified archeological or historic site(s) is encountered, the Contractor shall
discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.
ARTICLE 39 – CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION
(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and
muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).
(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be
discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or manmade channels. Wash water or waste from concrete or aggregate operations shall not be allowed to
enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the
sediment content to not more than that of the stream into which it is discharged.
(c) Mechanized equipment shall not be operated in flowing streams without written approval by the
Contracting Officer.
ARTICLE 40 – VALUE ENGINEERING
(a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change
proposals (VECP's) voluntarily. The Contractor shall share in any instant contract savings realized
from accepted VECP's, in accordance with paragraph (f) of this article.
(b) Definitions.
“CLO,” as used in this article, means Contracting Local Organization.
"Collateral costs," as used in this article, means CLO costs of operation, maintenance, logistic
support, or CLO-furnished property.
"Contractor's development and implementation costs," as used in this article, means those costs the
Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP,
as well as those costs the Contractor incurs to make the contractual changes required by CLO
acceptance of a VECP.
"CLO costs," as used in this article, means those CLO and State Grantor Agency costs that result
directly from developing and implementing the VECP, such as any net increases in the cost of testing,
CONTRACT: EP2011‐01 Page GC‐II: 16 of 23 operations, maintenance, and logistic support. The term does not include the normal administrative
costs of processing the VECP.
"Instant contract savings," as used in this article, means the estimated reduction in Contractor cost of
performance resulting from acceptance of the VECP, minus allowable Contractor's development and
implementation costs, including subcontractors' development and implementation costs (see
paragraph (g) of this article).
"Value engineering change proposal (VECP)" means a proposal that(1) Requires a change to this, the instant contract, to implement; and
(2) Results in reducing the contract price or estimated cost without impairing essential functions
or characteristics; provided, that it does not involve a change(i) In deliverable end item quantities only; or
(ii) To the contract type only.
(c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information
described in paragraphs (c)(1) through (7) of this article. If the proposed change is affected by
contractually required configuration management or similar procedures, the instructions in those
procedures relating to format, identification, and priority assignment shall govern VECP preparation.
The VECP shall include the following:
(1) A description of the difference between the existing contract requirement and that proposed,
the comparative advantages and disadvantages of each, a justification when an item's function or
characteristics are being altered, and the effect of the change on the end item's performance.
(2) A list and analysis of the contract requirements that must be changed if the VECP is
accepted, including any suggested specification revisions.
(3) A separate, detailed cost estimate for (i) the affected portions of the existing contract
quirement and (ii) the VECP. The cost reduction associated with the VECP shall take into
account the Contractor's allowable development and implementation costs, including any amount
attributable to subcontracts under paragraph (g) of this article.
(4) A description and estimate of costs the CLO and State Grantor Agency may incur in
implementing the VECP, such as test and evaluation and operating and support costs.
(5) A prediction of any effects the proposed change would have on collateral costs to the CLO.
(6) A statement of the time by which a contract modification accepting the VECP must be issued in
order to achieve the maximum cost reduction, noting any effect on the contract completion time or
delivery schedule.
(7) Identification of any previous submissions of the VECP, including the dates submitted, the
agencies and contract numbers involved, and previous CLO actions, if known.
(d) Submission. The Contractor shall submit VECP's to the Resident Engineer at the worksite, with a
copy to the Contracting Officer.
(e) CLO action.
(1) The Contracting Officer will notify the Contractor of the status of the VECP within 45 calendar
days after the contracting office receives it. If additional time is required, the Contracting Officer will
notify the Contractor within the 45-day period and provide the reason for the delay and the expected
date of the decision. The CLO will process VECP's expeditiously; however, it will not be liable for
any delay in acting upon a VECP.
(2) If the VECP is not accepted, the Contracting Officer will notify the Contractor in writing,
explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at
any time before it is accepted by the CLO. The Contracting Officer may require that the Contractor
CONTRACT: EP2011‐01 Page GC‐II: 17 of 23 provide written notification before undertaking significant expenditures for VECP effort.
(3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a
modification to this contract citing this article. The Contracting Officer may accept the VECP, even
though an agreement on price reduction has not been reached, by issuing the Contractor a notice to
proceed with the change. Until a notice to proceed is issued or a contract modification applies a
VECP to this contract, the Contractor shall perform in accordance with the existing contract. The
decision to accept or reject all or part of any VECP is a unilateral decision made solely at the
discretion of the Contracting Officer.
(f) Sharing.
(1) Rates. The CLO’s share of savings is determined by subtracting CLO costs from instant contract
savings and multiplying the result by(i) 45 percent for fixed-price contracts; or
(ii) 75 percent for cost-reimbursement contracts.
(2) Payment. Payment of any share due the Contractor for use of a VECP on this contract shall be
authorized by a modification to this contract to(i) Accept the VECP;
(ii) Reduce the contract price or estimated cost by the amount of instant contract savings; and
(iii) Provide the Contractor's share of savings by adding the amount calculated to the contract
price or fee.
(g) Subcontracts. The Contractor shall include an appropriate value engineering clause, subject to
Contracting Officer’s approval, in any subcontract of $50,000 or more and may include one in
subcontracts of lesser value. In computing any adjustment in this contract's price under paragraph (f)
of this article, the Contractor's allowable development and implementation costs shall include any
subcontractor's allowable development and implementation costs clearly resulting from a VECP
accepted by the CLO under this contract, but shall exclude any value engineering incentive payments
to a subcontractor. The Contractor may choose any arrangement for subcontractor value engineering
incentive payments; provided, that these payments shall not reduce the CLO and State Grantor
Agency’s share of the savings resulting from the VECP.
(h) Data. The Contractor may restrict the CLO and State Grantor Agency’s right to use any part of a
VECP or the supporting data by marking the following legend on the affected parts:
“These data, furnished under PART II – General Conditions, Article 40 (Value Engineering) of contract
EP2011-01, shall not be disclosed outside the CLO and State Grantor Agency or duplicated, used, or
disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change
proposal submitted under the article. This restriction does not limit the CLO and State Grantor
Agency’s right to use information contained in these data if it has been obtained or is otherwise
available from the Contractor or from another source without limitations. If a VECP is accepted, the
Contractor hereby grants the CLO and State Grantor Agency unlimited rights in the VECP and
supporting data, except that, with respect to data qualifying and submitted as limited rights technical
data, the CLO and State Grantor Agency shall have the rights specified in the contract modification
implementing the VECP and shall appropriately mark the data.” "Unlimited rights" means the rights
of the CLO and State Grantor Agency to use, disclose, reproduce, prepare derivative works, distribute
copies to the public, and perform publicly and display publicly, in any manner and for any purpose,
and to have or permit others to do so. "Limited rights" means the rights of the CLO and State Grantor
Agency in limited rights data, as set forth in a Limited Rights Notice if included in a data rights clause
CONTRACT: EP2011‐01 Page GC‐II: 18 of 23 of the contract.
ARTICLE 41 – ACCIDENT PREVENTION AND SAFETY
(a) The Contractor shall provide and maintain work environments and procedures which will:
(1) Safeguard the public and Contracting Local Organization personnel, property, materials, supplies,
and equipment exposed to Contractor operations and activities;
(2) Avoid interruptions of Contracting Local Organization operations and delays in project
completion dates; and
(3) Control costs in the performance of this contract.
(b) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or
any condition which poses a serious or imminent danger to the health or safety of the public or
Contracting Local Organization personnel, the Contracting Officer shall notify the Contractor orally,
with written confirmation, and request immediate initiation of corrective action. This notice, when
delivered to the Contractor or the Contractor's representative at the work site, shall be deemed
sufficient notice of the noncompliance and that corrective action is required. After receiving the
notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to
promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the
work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any
equitable adjustment of the contract price or extension of the performance schedule on any stop work
order issued under this article.
(c) The Contractor shall insert this article, including this paragraph (c), with appropriate changes in the
designation of the parties, in subcontracts.
(d) Before commencing the work, the Contractor shall-(1) Submit a written proposed plan for implementing this article. The plan shall include an analysis of
the significant hazards to life, limb, and property inherent in contract work performance and a plan for
controlling these hazards; and
(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual
understanding relative to administration of the overall safety program.
(e) In the event there is a conflict between the requirements contained in the specifications, Contractor’s
safety program, and U.S. Department of Labor construction safety and health standards, the more
stringent requirement will prevail.
(f) Contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts 1910 and
1926 Construction Industry Standards and Interpretations, and with the supplement below:
Supplement to OSHA Parts 1910 and 1926 Construction
Industry Standards and Interpretations
Requests for variances or waiver from this supplement are to be made to the Contracting Officer in
writing supported by evidence that every reasonable effort has been made to comply with the
contractual requirements. A written request for a waiver or a variance shall include—
(1) Specific reference to the provision or standard in question;
(2) An explanation as to why the waiver is considered justified; and
(3) The Contractor's proposed alternative, including technical drawings, materials, or equipment
specifications needed to enable Contracting Officer to render a decision.
CONTRACT: EP2011‐01 Page GC‐II: 19 of 23 No waiver or variance will be approved if it endangers any person. The Contractor shall not proceed
under any requested revision of a provision until the Contracting Officer has given written approval.
The Contractor is to hold and save harmless the United States Department of Agriculture, Natural
Resources Conservation Service, the State of Texas, Texas State Soil and Water Conservation Board,
Ellis County, and the Contracting Local Organization free from any claims or causes of action
whatsoever resulting from the Contractor or Subcontractors proceeding under a waiver or approved
variance.
The Contractor shall ensure that any additional safety and accident prevention measures the
Contracting Officer determines to be reasonably necessary for the purposes of the work are taken.
Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be
obtained from:
Superintendent of Documents
U.S. Government Printing Office
Washington, DC 20402
A. GENERAL CONTRACTOR REQUIREMENTS
(1) SAFETY PROGRAM. Each Contractor is to demonstrate that he or she has facilities for
conducting a safety program commensurate with the work under contract. The Contractor is to
submit in writing a proposed comprehensive safety program to the Contracting Officer for approval
before the start of operations. The program is to specifically state what provisions the Contractor
proposes to take for the health and safety of all employees, including subcontractors and rental
equipment operators. The program shall be site specific and provide details relevant to the work to be
done, the hazards associated with the work, and the actions that will be necessary to minimize the
identified hazards.
(2) PRECONSTRUCTION SAFETY MEETING. Representatives for the Contractor are to meet with
the Contracting Officer before commencing work to discuss the safety program and the
implementation of all health and safety standards pertinent to the work under this contract.
(3) JOINT SAFETY POLICY COMMITTEE. The Contractor or designated on-site representative is
to participate in monthly meetings of a joint Safety Policy Committee, composed of Contracting
Officer, Project Engineer and/or Inspector, and Contractor supervisory personnel. At these meetings
the Contractor's project manager and the Contracting Officer will review the effectiveness of the
Contractor's safety effort, resolve current health and safety problems, and coordinate safety activities
for upcoming work.
(4) SAFETY PERSONNEL. Each Contractor is to designate a competent supervisory employee
satisfactory to Contracting Officer to administer the safety program.
(5) SAFETY MEETINGS. A minimum of one "on-the-job" or "toolbox" safety meeting is to be
conducted each week by all field supervisors or foremen and attended by mechanics and all personnel
at the jobsite. The Contractor is to also conduct regularly scheduled supervisory safety meetings at
least monthly for all levels of job supervision.
(6) SAFETY INSPECTION. The Contractor shall perform frequent and regular safety inspections of
the jobsite, materials, and equipment, and shall correct deficiencies.
(7) FIRST AID TRAINING. Every Contractor foreman's work crew must include an employee who
has a current first aid certificate from the Mine Safety and Health Administration, American Red
CONTRACT: EP2011‐01 Page GC‐II: 20 of 23 Cross, or other state-approved organization.
(8) REPORTS. Contractor is to maintain an accurate record of all job-related deaths, diseases, or
disabling injuries. The records shall be maintained in a manner approved by the Contracting Officer.
A copy of all reports is to be provided to the Contracting Officer. All fatal or serious injuries are to be
reported immediately to the Contracting Officer, and every assistance is to be given in the
investigation of the incident, including submission of a comprehensive narrative report to the
Contracting Officer. Other occurrences with serious accident potential, such as equipment failures,
slides, and cave-ins, must also be reported immediately. The Contractor is to assist and cooperate
fully with the Contracting Officer in conducting accident investigations. The Contracting Officer is to
be furnished all information and data pertinent to investigation of an accident.
(9) CERTIFICATION OF INSURANCE. Contractor is to provide the Contracting Officer with
certificates of insurance before the start of operations indicating full compliance with State Worker's
Compensation statutes, as well as other certificates of insurance required under the contract. [See
PART III – Supplemental Conditions, Articles 1, 2, and 3.]
B. FIRST AID AND MEDICAL FACILITIES
(1) FIRST AID KITS. A 16-unit first aid kit approved by the American Red Cross is to be provided
at accessible, well-identified, locations at the ratio of at least 1 kit for each 25 employees. The first
aid kits are to be moisture proof and dust tight, and the contents of the kits are to be replenished as
used or as they become ineffective or outdated.
(2) EMERGENCY FIRST AID. At least one employee certified to administer emergency first aid
must be available on each shift and duly designated by the Contractor to care for injured employees.
The names of the certified employees shall be posted at the jobsite.
(3) COMMUNICATION AND TRANSPORTATION. Prior to the start of work, the Contractor is to
make necessary arrangements for prompt and dependable communications, transportation, and
medical care for injured employees. At least one stretcher and two blankets shall be readily available
for transporting injured employees.
(4) FIRST AID AND MEDICAL REPORTS. The Contractor is to maintain a record system for first
aid and medical treatment on the jobsite. Such records are to be readily available to the Contracting
Officer and are to include-(a) A daily treatment log listing chronologically all persons treated for occupational injuries and
illnesses;
(b) Cumulative record of injury for each individual;
(c) Monthly statistical records of occupational injuries, classified by type and nature of injury;
and
(d) Required records for worker's compensation.
(5) SIGNS AND DIRECTIONAL MARKINGS. Adequate identification and directional markers are
to be provided to readily denote the location of all first aid stations.
(6) EMERGENCY LISTING. A listing of telephone numbers and addresses of doctor, rescue squad,
hospital, police, and fire departments is to be provided at all first aid locations.
C. PHYSICAL QUALIFICATIONS OF EMPLOYEES
(1) GENERAL REQUIREMENTS. Persons employed throughout the contract are to be physically
qualified to perform their assigned duties. Employees must not knowingly be permitted or required to
work while their ability or alertness is impaired by fatigue, illness, or any other reason that may
jeopardize themselves or others.
(2) HOIST OPERATORS. Operators of cranes, cableways, and other hoisting equipment shall be
CONTRACT: EP2011‐01 Page GC‐II: 21 of 23 examined annually by a physician and provided with a certification stating that they are physically
qualified to safely operate hoisting equipment. The Contractor is to submit a copy of each
certification to the Contracting Officer.
(3) HEAVY EQUIPMENT OPERATORS. It is recommended that operators of trucks and heavy
equipment be given physical examinations to determine if they are physically qualified to perform
their assigned work without endangering themselves or others.
(4) MOTOR VEHICLE OPERATORS. Operators of motor vehicles engaged primarily in the
transportation of personnel are to be 18 years of age or older and have a valid state operator's permit
or license for the equipment being operated.
D. PERSONAL PROTECTIVE EQUIPMENT
(1) HARD HAT AREAS. The entire jobsite, with the exception of offices, shall be considered a hard
hat area. All persons entering the area are, without exception, required to wear hard hats. The
Contractor shall provide hard hats for visitors entering hard hat areas.
(2) LABELS. Hard hats shall bear a manufacturer's label indicating design compliance with the
appropriate ANSI (American National Standards Institute) standard.
(3) POSTING.
(a) Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and
white background shall be erected at access points to designated hard hat areas:
CONSTRUCTION AREA - HARD HATS
REQUIRED BEYOND THIS POINT
(b) These signs are to be furnished and installed by the Contractor at entries to shops, service
yards, and job access points.
(4) SAFETY GOGGLES (DRILLERS). DRILLERS AND HELPERS. Drillers and helpers operating
pneumatic rock drills must wear protective safety goggles.
E. MACHINERY AND MECHANIZED EQUIPMENT
(1) SAFE CONDITION. Before any machinery or mechanized equipment is initially used on the job,
it must be inspected and tested by qualified personnel and determined to be in safe operating
condition and appropriate for the intended use. Operators shall inspect their equipment prior to the
beginning of each shift. Any deficiencies or defects shall be corrected prior to using the equipment.
Safety equipment, such as seatbelts, installed on machinery is to be used by equipment operators.
(2) TAGGING AND LOCKING. The controls of power-driven equipment under repair are to be
locked. An effective lockout and tagging procedure is to be established, prescribing specific
responsibilities and safety procedures to be followed by the person or persons performing repair work.
Mixer barrels are to be securely locked out before permitting employees to enter them for cleaning or
repair.
(3) HAUL ROADS FOR EQUIPMENT
(a) ROAD MAINTENANCE. The Contractor shall maintain all roadways, including haul roads
and access roads, in a safe condition so as to eliminate or control dust and ice hazards. Wherever
dust is a hazard, adequate dust-laying equipment shall be available at the jobsite and utilized to
control the dust.
(b) SINGLE-LANE HAUL ROADS. Single-lane haul roads with two-way traffic shall have
adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to
prevent accidents.
(c) TWO-WAY HAUL ROADS. On two-way haul roads, arrangements are to be such that
CONTRACT: EP2011‐01 Page GC‐II: 22 of 23 vehicles travel on the right side wherever possible. Signs and traffic control devices are to be
employed to indicate clearly any variations from a right-hand traffic pattern. The road shall be
wide enough to permit safe passage of opposing traffic, considering the type of hauling
equipment used.
(d) DESIGN AND CONSTRUCTION OF HAUL ROADS. Haul road design criteria and
drawings, if requested by the Contracting Officer, are to be submitted for approval prior to road
construction. Sustained grades shall not exceed 12 percent and all curves shall have open-sight
line with as great a radius as practical. All roads shall be posted with curve signs and maximum
speed limits that will permit the equipment to be stopped within one-half the minimum sight
distance.
(e) OPERATORS. Machinery and mechanized equipment shall be operated only by authorized
qualified persons.
(f) RIDING ON EQUIPMENT. Riding on equipment by unauthorized personnel is prohibited.
Seating and safety belts shall be provided for the operator and all passengers.
(g) GETTING ON OR OFF EQUIPMENT. Getting on or off equipment while the equipment is
in motion is prohibited.
(h) HOURS OF OPERATION. Except in emergencies, an equipment operator shall not operate
any mobile or hoisting equipment for more than 12 hours without an 8-hour rest interval away
from the job.
(4) POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER
CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND
HOISTS)
(a) PERFORMANCE TEST. Before initial on-site operation, at 12-month intervals, and after
major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily
complete a performance test to demonstrate the equipment's ability to safely handle and
maneuver the rated loads. The tests shall be conducted in the presence of the Engineer and/or
Inspector. Test data shall be recorded and a copy furnished to the Contracting Officer.
(b) PERFORMANCE TEST--POWER CRANES (CRAWLER MOUNTED, TRUCK
MOUNTED, AND WHEEL MOUNTED). The performance test is to be carried out with
outriggers set and with a test load weighing 110 percent of the rated capacity when the boom
angle is from 30º to 60º above the horizontal. The test is to consist of raising, lowering and
braking the load and rotating the test load through 360º at the specified boom angle or radius.
Cranes equipped with jibs or boom tip extensions are to be tested using both the main boom and
the jib, with an appropriate test load in each case.
(c) PERFORMANCE TEST--DERRICKS, GANTRY CRANES, TOWER CRANES,
CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES. This equipment is to be
performance tested with a test load weighing 110 percent of the rated load. In testing cableways,
the test load is to be traveled to the upstream and downstream limits of travel and thoroughly
performance tested in at least three travel positions, including both limits of travel.
(d) BOOM ANGLE INDICATOR. Power cranes (including draglines) with booms capable of
moving in the vertical plane shall be provided with a boom angle indicator in good working
order.
(e) CRANE TEST CERTIFICATION. The performance test required by (4)(b) and (c) is
fulfilled if the Contractor provides the Contracting Officer a copy of the certificate of inspection
made within the past 12 months by a qualified person or by a government or private agency
CONTRACT: EP2011‐01 Page GC‐II: 23 of 23 satisfactory to the Contracting Officer.
(f) POSTING FOR HIGH VOLTAGE LINES. A notice of the 10-foot (or greater) clearance
required by OSHA 1926.550, Subpart N, shall be posted in the operator's cab of cranes, shovels,
boom-type concrete pumps, backhoes, and related equipment.
(g) BOOM STOPS. Cranes or derricks with cable-supported booms, except draglines, shall have
a device attached between the gantry of the A-frame and the boom chords to limit the elevation of
the boom. The device shall control the vertical motions of the boom with increasing resistance
from 83° or less, until completely stopping the boom at not over 87° above horizontal.
(h) SAFETY HOOKS. Hooks used in hoisting personnel or hoisting loads over personnel or in
the immediate vicinity of personnel shall be forged steel equipped with safety keepers. When
shackles are used under these conditions, they shall be of the locking type or have the pin secured
to prohibit turning.
(5) ROLLOVER PROTECTIVE STRUCTURES (ROPS)
(a) ROLLOVER PROTECTIVE STRUCTURES. OSHA 1926, Subpart W, Overhead
Protection, Sections 1001 and 1002 are applicable regardless of the year in which the equipment
was manufactured and regardless of the struck capacity of the equipment.
(b) EQUIPMENT REQUIRING ROPS. The requirement for ROPS meeting (5)(a) above applies
to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors
with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including
scrapers, motor graders and loaders; and rollers, compactors, water tankers (excluding trucks with
cabs). These requirements shall also apply to agricultural and industrial tractors and similar
equipment.
(c) EQUIPMENT REQUIRING SEATBELTS. The requirements for seatbelts as specified in
OSHA Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section
1926.602 shall also apply to self-propelled compactors and rollers, and rubber-tired skid-steer
equipment.
F. LADDERS AND SCAFFOLDING
(1) LADDERS. OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only
when use of small hand tools or handling of light material is involved. No work requiring lifting of heavy
materials or substantial exertion shall be done from ladders.
(2) SCAFFOLDING. OSHA 1926, Subpart L - Section 451. Scaffolds, platforms or temporary floors
shall be provided for all work except that which can be done safely from the ground or similar footing.
(3) SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104. Lifelines,
safety belts and lanyards independently attached or attended, shall be used when performing such work as
the following when the requirements of F(1) or (2) above cannot be met.
(a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces.
(b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets, tying
reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded locations
at elevations greater than 6 feet.
(c) Work on skips and platforms used in shafts by crews when the skip or cage does not block the
opening to within 1 foot of the sides of the shaft, unless cages are provided.